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Vineet S
Vineet S,
Category: Law
Satisfied Customers: 1257
Experience:  Freelance Solicitor at Self Employed
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My estate agency is charging me £70, for the removal of some

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Hi, my estate agency is charging me £70, for the removal of some garbage, and I don't agree, because there is no invoice for this service. Do I have to pay then?
JA: Where are you? It matters because laws vary by location.
Customer: England
JA: What steps have you taken so far?
Customer: I just spoke with the estate agency so far
JA: Anything else you want the Lawyer to know before I connect you?
Customer: They are charging me £125 for the repair of a toilet, and on the check in inventory there is no picture of the toilet, so the cracks could be there before I move in

Welcome to JA. I’m Vineet, a UK qualified & practicing Solicitor and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat. So, please ignore any phone call request pop-up,they get generated automatically without any input from the expert, so I have no control over these requests.

Customer: replied 4 days ago.
Hi Mr. Vinnet, thank you for your response

Hi there,

I will get back to you with my answer shortly.

Thank you for your patience.

A certain amount of wear and tear is unavoidable in rental properties. Over time as tenants live in homes, some damage will occur. This isn’t a result of abuse or neglect by the tenants, meaning tenants can’t be held responsible for it.

Having a detailed and accurate inventory in place can be a big help when it comes to avoiding disputes over damage between tenants and landlords.

Tenants are expected to hand back the property in a similar condition as recorded in the inventory at the start of the tenancy.

if there was no pictures taken of the toilet in the check in inventory , then they have to prove that you have broken the toilet. In the absence of recorded condition of the toilet at the time of checking in, the Landlord /agents can not claim that damage from you now.

You should ask for invoice for cleaning , again providing evidence , that you left the place untidy and full of garbage, thus justifying the cleaning charge.

In the absence of both these , the Landlord/agent can not charge you for either the cleaning or the toilet repair.

Customer: replied 4 days ago.
I'll tell the whole story. I have been having problems with my landlord and estate agency for a long time. Last year I have a licking problem in my bathroom, and I couldn't shower for a month, and on that time my son had just 4 months old. Even with all the problems, we always pay the rent on time. Now my contract has finished, and they are charging me £205, being £125 for a crack in the toilet, and £70 for some cardboard that we leave in the property. I don't mind to pay, but the problem is, there is no invoice for any service. I ask them for a invoice, and they say there is no invoice because the service was taking care by the neighbour. On the check-in inventory, there is no pictures of the toilet, so how can they charge me for something that could be there before we enter the property?
Customer: replied 4 days ago.
when we enter the property, there was no professional cleaning done. And I pay £220 for a company to provide the professional cleaning. And even like this they are charging me with all of this, with no prove or invoice of nothing.
Customer: replied 4 days ago.
basically, I don't have to pay? because now they said that if i don'r agree with the charges a dispute will need to be raised and an additional cost of £120 will be added for the adjudication to take place.

No invoice -no payment .If the condition of toilet was not recorded in the check in inventory then they can not charge it .

You have to go through the tenancy agreement as well on the cleaning obligations, and secondly without providing evidence of cleaning via invoice, payment can not be asked

Customer: replied 4 days ago.
Yeah, I already move from the house, never pay my rent later than the date, and when I left the hbouse, I pay from the cleaning and I have invoice for this.

Have you got your tenancy deposit back?

Customer: replied 4 days ago.
No, because I rent the house from that "no deposit" scheme. So I pay a bit more every month, and I don't receive this money back.
Customer: replied 4 days ago.
Do you recommend me to go to a dispute and pay this additional cost of £120?

Were you sharing the house or the facilities with the landlord?

Customer: replied 4 days ago.
No

Did you sign an Assured shorthold tenancy agreement?

Customer: replied 4 days ago.
No, was a long term contract. 2 years

Alright. Yes you can dispute that payment of £120

For cleaning service without giving you either price quotes beforehand or any invoices afterwards.

Customer: replied 4 days ago.
Do you know how this work? Do I have to pay them this amount anyway?

No, you do not have to. Ask them to provide you with the proof of first the garbage left behind by you ,and once it is established that infact the garbage was yours then the invoice for the cleaning service.

Customer: replied 4 days ago.
I already ask for the invoice, they said they don't have because a neighbour took care of this.

Then they can not claim it .

Customer: replied 4 days ago.
Do you know for this "dispute will need to be raised and an additional cost of £120 will be added for the adjudication to take place" whats is this about?
Customer: replied 4 days ago.
this £120 is about what?

They are saying that if they have to take further action, to recover that amount, further £120 would be added.

Just reply( if you agree with them that the garbage was infact left by you) that you are ready to pay for the reasonable cost for cleaning .However in this case, neither price quote was provided to me nor any invoice.

So I am disputing this asked price , without any evident proof of the same

Customer: replied 3 days ago.
Perfect. And about the toilet, as you said: If the condition of toilet was not recorded in the check in inventory then they can not charge it, right?

Exactly.

Customer: replied 3 days ago.
Sure, no problem.
Customer: replied 3 days ago.
What if they claim that the previous tenant left no crack in the toilet?

How they will prove it now, you are concerned about your stay in the property and your check in inventory.

you would not accept previous tenant check out inventory.

Customer: replied 3 days ago.
Thank you so much for your time and help, Have a great day

It has been my pleasure to assist you.

Many thanks and all the best.

Vineet S and other Law Specialists are ready to help you